USA v. Robert Cota, Jr.
| ROBERT COTA, Jr. |
| UNITED STATES OF AMERICA |
| 19-56376 |
| November 25, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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| Filing 36 Filed clerk order: The answering brief [ # 33 ] submitted by USA is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 34 ] submitted by USA are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12668619] (KWG) [Entered: 03/07/2023 08:38 AM] |
| Filing 35 Filed (ECF) presentence report UNDER SEAL by Appellee USA. [12668109] [19-56376] (Chiang, Andrew) [Entered: 03/06/2023 02:42 PM] |
| Filing 34 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee USA. Date of service: 03/06/2023. [12668042] [19-56376] (Chiang, Andrew) [Entered: 03/06/2023 02:19 PM] |
| Filing 33 Submitted (ECF) Answering Brief for review. Submitted by Appellee USA. Date of service: 03/06/2023. [12667984] [19-56376] (Chiang, Andrew) [Entered: 03/06/2023 01:57 PM] |
| Filing 32 Filed clerk order (Deputy Clerk: LBS): The governments unopposed motion (Docket Entry No. [ # 31 ]) for a final extension of time to file the answering brief is granted. The answering brief is due March 7, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12627936] (AF) [Entered: 01/11/2023 09:23 AM] |
| Filing 31 Filed (ECF) Appellee USA Unopposed Motion to extend time to file Answering brief until 03/07/2023. Date of service: 12/22/2022. [12616461] [19-56376] (Chiang, Andrew) [Entered: 12/22/2022 11:32 AM] |
| Filing 30 Filed clerk order (Deputy Clerk: LBS): The governments unopposed motion (Docket Entry No. [ # 29 ]) for an extension of time to file the answering brief is granted. The answering brief is due January 6, 2023. The optional reply brief is due within 21 days after service of the answering brief. [12582007] (JMR) [Entered: 11/07/2022 03:30 PM] |
| Filing 29 Filed (ECF) Appellee USA Unopposed Motion to extend time to file Answering brief until 01/06/2023. Date of service: 10/27/2022. [12574237] [19-56376] (Chiang, Andrew) [Entered: 10/27/2022 10:53 AM] |
| Filing 28 Filed clerk order (Deputy Clerk: LBS): The governments unopposed motion (Docket Entry No. [ # 27 ]) for an extension of time to file the answering brief is granted. The answering brief is due November 7, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12532778] (JMR) [Entered: 09/02/2022 02:30 PM] |
| Filing 27 Filed (ECF) Appellee USA Unopposed Motion to extend time to file Answering brief until 11/07/2022. Date of service: 08/29/2022. [12528457] [19-56376] (Chiang, Andrew) [Entered: 08/29/2022 12:17 PM] |
| Filing 26 Filed clerk order (Deputy Clerk: LKK): (ECF Filing) filed by Appellee USA; Granting Motion [ # 25 ] (ECF Filing) motion to extend time to file brief filed by Appellee USA. Appellee United States of America answering brief due 09/06/2022. The optional reply brief is due 21 days after service of the answering brief. [12478003] (LKK) [Entered: 06/23/2022 08:46 AM] |
| Filing 25 Filed (ECF) Appellee USA Unopposed Motion to extend time to file Answering brief until 09/06/2022. Date of service: 06/22/2022. [12476958] [19-56376] (Chiang, Andrew) [Entered: 06/22/2022 11:34 AM] |
| Filing 24 Streamlined request [23] by Appellee USA to extend time to file the brief is approved. Amended briefing schedule: Appellee United States of America answering brief due 07/06/2022. The optional reply brief is due 21 days from the date of service of the answering brief. [12452593] (JN) [Entered: 05/20/2022 01:17 PM] |
| Filing 23 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee USA. New requested due date is 07/06/2022. [12452557] [19-56376] (Chiang, Andrew) [Entered: 05/20/2022 12:50 PM] |
| Filing 22 Received 3 paper copies of excerpts of record [ # 16 ] in 3 volume(s) and index volume filed by Appellant Robert Cota, Jr.. [12448348] (JAS) [Entered: 05/16/2022 04:21 PM] |
| Filing 21 Received 6 paper copies of Opening Brief [ # 15 ] filed by Robert Cota, Jr.. [12447782] (SD) [Entered: 05/16/2022 11:54 AM] |
| Filing 20 Added Attorney(s) Andrew Chiang for party(s) Appellee USA, in case 19-56376. [12447609] (QDL) [Entered: 05/16/2022 10:28 AM] |
| Filing 19 Filed (ECF) notice of appearance of Andrew Y. Chiang (U.S. Attorney's Office, 880 Front Street, Room 6293, San Diego, CA 92101) for Appellee USA. Date of service: 05/16/2022. (Party was previously proceeding with counsel.) [12447558] [19-56376] (Chiang, Andrew) [Entered: 05/16/2022 10:03 AM] |
| Filing 18 Filed clerk order: The opening brief [ # 15 ] submitted by Robert Cota, Jr. is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 16 ] submitted by Robert Cota, Jr. are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12444295] (KWG) [Entered: 05/11/2022 01:52 PM] |
| Filing 17 Filed (ECF) Appellant Robert Cota, Jr. Motion to take judicial notice of Court documents related to and describing the unconstitutional shackling policy in the Southern District at the time of Petitioner Cota's trial. Date of service: 05/06/2022. [12440364] [19-56376] (Hall, Martha) [Entered: 05/06/2022 12:43 PM] |
| Filing 16 Submitted (ECF) excerpts of record. Submitted by Appellant Robert Cota, Jr.. Date of service: 05/06/2022. [12440354] [19-56376]--[COURT UPDATE: Attached corrected PDF of the excerpts vols 1-3 and index vol. 05/11/2022 by KWG] (Hall, Martha) [Entered: 05/06/2022 12:33 PM] |
| Filing 15 Submitted (ECF) Opening Brief for review. Submitted by Appellant Robert Cota, Jr.. Date of service: 05/06/2022. [12440346] [19-56376]--[COURT UPDATE: Attached corrected PDF of the brief. 05/11/2022 by KWG] (Hall, Martha) [Entered: 05/06/2022 12:26 PM] |
| Filing 14 Terminated Jose Castillo for USA in 19-56376 (due to incorrect ECF contact information) [12327323] (RY) [Entered: 12/29/2021 03:07 PM] |
| Filing 13 Filed clerk order (Deputy Clerk: SSR): Appellants unopposed motion (Docket Entry No. [ # 12 ]) for an extension of time to file the opening brief is granted. Based on the agreement reached between appointed counsel Martha McNab Hall and the courts CJA Administrative Attorney Sara Rief, the opening brief is now due May 6, 2022. The answering brief is due June 6, 2022. The optional reply brief is due within 21 days after service of the answering brief. [12274238] (AF) [Entered: 11/01/2021 12:03 PM] |
| Filing 12 Filed (ECF) Appellant Robert Cota, Jr. Unopposed Motion to extend time to file Opening brief until 02/07/2022. Date of service: 09/28/2021. [12242097] [19-56376] (Hall, Martha) [Entered: 09/28/2021 05:16 PM] |
| Filing 11 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 10 ]) for an extension of time to file the opening brief is granted. The opening brief is due October 5, 2021. The answering brief is due November 4, 2021. The optional reply brief is due within 21 days after service of the answering brief. [12168855] (JMR) [Entered: 07/09/2021 04:27 PM] |
| Filing 10 Filed (ECF) Appellant Robert Cota, Jr. Unopposed Motion to extend time to file Opening brief until 10/05/2021. Date of service: 07/01/2021. [12160712] [19-56376] (Hall, Martha) [Entered: 07/01/2021 02:51 PM] |
| Filing 9 Streamlined request [8] by Appellant Robert Cota, Jr. to extend time to file the brief is approved. Amended briefing schedule: Appellant Robert Cota Jr. opening brief due 07/08/2021. Appellee United States of America answering brief due 08/09/2021. The optional reply brief is due 21 days from the date of service of the answering brief. [12132665] (JN) [Entered: 06/03/2021 11:48 AM] |
| Filing 8 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellant Robert Cota, Jr.. New requested due date is 07/08/2021. [12132640] [19-56376] (Hall, Martha) [Entered: 06/03/2021 11:37 AM] |
| Filing 7 Criminal Justice Act electronic voucher created. (Counsel: Ms. Martha McNab Hall for Robert Cota, Jr.) [12044438] (DR) [Entered: 03/17/2021 12:46 PM] |
| Filing 6 Received copy of District Court order filed on 03/10/2021, appointing Martha McNab Hall, Esq., as counsel of record for Robert Cota Jr., in case 19-56376. [12044035] (DL) [Entered: 03/17/2021 09:56 AM] |
| Filing 5 Filed order (WILLIAM C. CANBY and LAWRENCE VANDYKE) This appeal is from the denial of appellants 28 U.S.C. 2255 motion and subsequent Federal Rule of Civil Procedure 59(e) motion. After reviewing the underlying motion and concluding that it states at least one federal constitutional claim debatable among jurists of reason, namely whether appellant was visibly restrained by leg shackles during trial in violation of his due process rights, we grant the request for a certificate of appealability with respect to the following issue: whether appellants shackling claim is procedurally defaulted and, if so, whether appellant asserts sufficient cause and prejudice to excuse the default. See 28 U.S.C. 2253(c)(3); Gonzalez v. Thaler, 565 U.S. 134 (2012); Slack v. McDaniel, 529 U.S. 473, 483-85 (2000); Lambright v. Stewart, 220 F.3d 1022, 1026 (9th Cir. 2000); see also 9th Cir. R. 22-1(e). Counsel is appointed sua sponte for purposes of this appeal. See 18 U.S.C. 3006A(a)(2)(B); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). Counsel will be appointed by separate order. If appellant does not wish to have appointed counsel, appellant must file a motion asking to proceed pro se within 14 days of the date of this order. The Clerk will electronically serve this order on the appointing authority for the Southern District of California, who will locate appointed counsel. The appointing authority must send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9.uscourts.gov within 14 days of locating counsel. The opening brief is due June 8, 2021; the answering brief is due July 8, 2021; the optional reply brief is due within 21 days after service of the answering brief. This order authorizes production of transcripts at government expense. See 28 U.S.C. 753(f). Appellant must provide a copy of this order to the reporter(s) along with the designation. The Clerk will serve on appellant a copy of the After Opening a Case - Counseled Cases document [12024876] (JMR) [Entered: 03/04/2021 03:41 PM] |
| Filing 4 Filed Appellant Robert Cota, Jr. letter dated 11/29/2019 re: Questions concerning COA application. Paper filing deficiency: None. (Sent appellant a copy of the FRAP and 9th Circuit rules) [11521230] (QDL) [Entered: 12/04/2019 02:39 PM] |
| Filing 3 Attorney Helen H. Hong in 19-56376 substituted by Attorney Daniel Earl Zipp in 19-56376 [11514897] (QDL) [Entered: 11/27/2019 01:06 PM] |
| Filing 2 Filed (ECF) notice of appearance of Daniel E. Zipp (U.S. Attorney's Office, 880 Front Street, Room 6293, San Diego, CA 92101) for Appellee USA. Substitution for Attorney Ms. Helen H. Hong for Appellee USA. Date of service: 11/27/2019. (Party was previously proceeding with counsel.) [11514846] [19-56376] (Zipp, Daniel) [Entered: 11/27/2019 12:42 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 08/02/2019. Record on appeal included: Yes. [11511263] (OC) [Entered: 11/25/2019 01:39 PM] |
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